Discrimination of Transgender individuals in the Workplace

[transdiscriminationgws101-blog]

Reflection

While I was researching this topic I realized that there is a lot more discrimination than I would have initially thought. There are a lot of problems facing transgendered workers in today’s society and they face a number of serious problems, some that threaten their ability to make a living. It reinforced in me that discrimination doesn’t just mean leaving someone out or hurting someone’s feelings. It can ruin someone’s life.

It made me look at the world in a different way in that these are problems I may face in the future. Hearing about discrimination before it always seemed fairly distant to my life. I knew it was bad and a negative thing but being one whom has almost never experienced discrimination at this level I just didn’t understand it. Now that I have this fear of what may happen to me later in life, I can somewhat understand the feelings others feels when they fear discrimination as they grow up. I can better connect to people who are discriminated against in society and be a better ally than before.  

[transdiscriminationgws101-blog]

References

Sources

Burns, Crosby, and Jeff Krehely. "Gay and Transgender People Face High Rates of Workplace Discrimination and Harassment." Center for American Progress. 2 June 2011.

https://www.americanprogress.org/issues/lgbt/news/2011/06/02/9872/gay-and-transgender-people-face-high-rates-of-workplace-discrimination-and-harassment/

This cite was very useful in learning about statistics about discrimination and also put the scale of the magnitude of this form of discrimination into perspective.

 Burns, Crosby, and Jeff Krehely. "Gay and Transgender People Face High Rates of Workplace Discrimination and Harassment." Center for American Progress. 2 June 2011.

https://www.researchgate.net/profile/Michelle_Dietert/publication/228462098_Gender_Identity_Issues_and_Workplace_Discrimination_The_Transgender_Experience/links/5523ffa80cf2caf11bfc6fcc.pdf

I used this source to get an idea of the specific kinds of discrimination some trans people face in the workplace after transitioning, as well has to get a bit more of a personal detail of what individuals go through.

 Koch, Katie, and Richard Bales. "TRANSGENDER EMPLOYMENT DISCRIMINATION." UCLA WOMEN'S LAW JOURNAL 17 (2008): 243-67.

http://poseidon01.ssrn.com/delivery.php?ID=434125086106006085070012065031123120049012071021089062106127078028100089092000088066018100023057000108035092116112118114113127000072044080010071072086118006090125005058075106005121124115004122102095116026088081071085121096105091066090126112097104110&EXT=pdf

This source was very useful in understanding the legal aspect of trans discrimination and also helped me to understand how the problem could potentially be solved.

 Muhr, Sarah Louise, Katie Rose Sullivan, and Craig Rich. "Situated Transgressiveness: Exploring One Transwoman's Lived Experience Across Three Situated Contexts." Gender, Work, & Organization 23 (2016). Online Library.

http://onlinelibrary.wiley.com/doi/10.1111/gwao.12093/epdf

This source what I primarily used for my real example and the details of Claire’s life and day to day minor struggles helped me realize discrimination is also about the minor things.

 Ford, Zack. "Texas School Removes Transgender Teacher From Classroom After Parents Complain." Think Progress. 29 Apr. 2014.

http://thinkprogress.org/lgbt/2014/04/29/3432042/texas-transgender-teacher-klug/

This source gave me an idea as to how institutionalized and internalized transphobia can be in society, particularly when it comes to schools.

 Wong, Alia. "The K-12 Binary." The Atlantic. 9 July 2015.

http://www.theatlantic.com/education/archive/2015/07/the-k-12-binary/398060/

I used this source to get an idea for the institutional example as well as to include some misconceptions some people have about trans persons in schools.

Additional Resources

http://www.transequality.org/know-your-rights/employment-general

Useful in learning one’s workplace rights.

http://transgenderlawcenter.org/issues/employment

Has many resources and informtional videos and examples.

http://www.hrc.org/resources/coming-out-in-the-workplace-as-transgender

This website is useful in that is has steps towards easing workplace transition and tips for avoiding issues

http://www.forbes.com/sites/karenhigginbottom/2014/06/24/how-to-support-transgender-employees-in-the-workplace/#61b4128458b1

This resource is useful for learning how to support trans people in their workplace.

http://www.natlawreview.com/article/transgender-issues-workplace

This article also explains and gives some information about the legal issues and obstacles some may face.

[transdiscriminationgws101-blog]

Solutions

There a number of possible solutions that I have thought about for this problem since starting my research. Though they are somewhat limited and may not have much of an effect immediately or if people work alone, together and over time they should help to shift gears toward solving this problem. The first possible solution I have identified is to get the Supreme Court and national government to require all state governments to protect transgender persons from discrimination. The Supreme Court ruled that transgender persons are protected under title VII, a nation-wide law, yet many states still do not have any form of protection for trans persons. To do this it is important for the national government to know that a large portion of the population demands that these institutions be held responsible for upholding the national law.

Another solution I have identified may seem like an obvious one. In order to make sure trans people are granted the protection they deserve it is important to elect officials who will make sure they will be protected. Researching a candidate’s history of official matters involving transgender persons or other lgbtq person would be a good way to know whether or not they can be trusted with this issue. In order to change the policy and laws regarding the discrimination of transgender individuals, the people in official positions must also be changed.

The last solution that I identified was to boycott businesses that have discriminated against trans persons. This may be harder than the others as it may be harder to know whether or not certain businesses have discriminated against transgender people or not. However, if a company, large or local, has been reported or has been accused of discriminating its transgender employees, then continuing to shop there only shows support or apathy towards their treatment. Boycotting these business shows that their behavior is unacceptable and needs to be changed or else they will suffer consequences.  

[transdiscriminationgws101-blog]

Summary

This problem is a fairly significant one as demonstrated by the vast majority of trans individuals in the workplace as demonstrated by previously showed statistics. This is a problem that, although is more common and concentrated in certain areas, is found throughout the country. Even though the nation has laws against discrimination of trans individuals there are still places in this country where being discriminated for being transgender is completely legal. The extensiveness of this issue is it reaches across the country, into organizations both big and small, at numerous levels and yet little to nothing seems to be happening about it.

I found what I learned from this research to be somewhat similar to what we learned while reading Emily Baxter’s article “What Occupational Data Show About the Causes of the Gender Wage Gap” ,in an important way. There are some obvious differences but there are also a few similarities. The main message of her article is that women should not be paid less or discouraged from entering certain jobs or careers simply because they are women. Through the research I’ve done I have also found that trans individuals do not want to be excluded from jobs, ones that some of them have held for quite some time before transitioning, simply because of their gender identity. In both cases people suffered in the workplace in one form or another because of their perceived gender identity.

[transdiscriminationgws101-blog]

Intersectionality

This problem is an intersectional problem regarding class and education level. In terms of class, people of lower classes have less access to health care and options than others due to cost. This relates to transgender discrimination because if a personal of lower class is transgender, they have less access to materials and resources to undergo transition or if they do they are likely not as effective as others. This brings up the problem of “passing” which is very important for many trans people. With having a harder time passing, they may experience more discrimination in their place of business. Also, since lower class people tend to work in smaller businesses or hold lower positions, they are viewed as less important to the company and can be fired to be easily replaced and the trans person may not have the means to bring up an official case. Trans people of lower classes can become easier targets for discrimination making this an intersectional issue.

The level of education a trans person has achieved can also affect their position in the workplace. With less education people tend to have either a lower position in a large organization or a moderate position in a small organization. The problem is trans people, once they come out at work as trans may be targeted for discrimination or being fired, using the lack of education as the justification. It may also be hard to bring a case if one is part of a smaller organization because there is less focus on smaller organizations than large, nationwide organizations. Both of these issues show that being transgender can affect people of different classes and education levels in varying ways. It is an intersectional issue because trans people are not a single group that is completely separated from the rest of society. They can be parts of other groups as well demonstrating that it is not just a Trans person issue.

[transdiscriminationgws101-blog]

Institutionalization of Workplace Discrimination of Trans Persons

There are two main forms of institutionalization I have come across so far in researching for my project. The main one I have also read about and seen in the news and other forms of media. There are some states that do refuse to pass legislation that protects the rights of transgender individuals and allows them to be fired for their gender identity. Since the government itself refuses to pass legislation it sends the message that they are viewed as less important and can become the target of discrimination at work since there are no repercussions to their actions. Everyone should be concerned about this because it says that the government is allowed to determine some people as being less valuable than others. The people behind these laws should also be worried because the Supreme Court has ruled that transgender are protected under the law nationwide and hence they can, and should, face fairly substantial punishments.

 Another place I have seen this discrimination is in teaching positions, though the cause of it differs between the actual school and parents. This discrimination happens in all levels of schooling, from elementary school to college. Some parents think the teachers gender shouldn’t be a distraction while others identity trans individuals as sex offenders. Sometimes the school also decides to remove a teacher from their position after they return, presenting as a different gender than before. The problem with this is it sends a message to kids that trans individuals are wrong and without having any experience or knowledge about them can cause kids be confused later on in life with gender binary non-conforming persons.

http://www.theatlantic.com/education/archive/2015/07/the-k-12-binary/398060/

http://thinkprogress.org/lgbt/2014/04/29/3432042/texas-transgender-teacher-klug/

[transdiscriminationgws101-blog]

Discussion of a Real Example

http://onlinelibrary.wiley.com/doi/10.1111/gwao.12093/epdf

This article examines aspects of the life of Claire, a transgender woman, is three different situations. Two of them are work related situations and Claire, being an IT manager and someone who works with clients. Her position is higher up in the organization than many others so there would likely be less discrimination than others in the same company at lower levels. The purpose of this article is to teach about the experiences of transgender people through their own stories and experiences, not through stories and news from cis-gender dominant media.

The data collected from Claire was collected over several interviews in which they talked about her experience in each of the three categories. This article doesn’t highlight blatant discrimination but there are some instances that are subtly discriminatory. One example is that a coworker mentioned that Human Resources should be able to support people in the company who are struggling with understanding transgender and thinking it is odd. As pointed out, this makes it seem as though those people’s inability to respect differences as acceptable. Another example I thought was interesting was the example of how when she entered a meeting with another organization, they all stared and had an awkward moment of silence yet Claire stated that after she got them focused back on business there weren’t any further issues.

When reading this, I interpreted it as them not accepting of what they saw but being unable to deny her business I found this interesting as it highlights a form of discrimination in the workplace I haven’t mentioned before: Discrimination from a separate group one is collaborating with. Though these instances are relatively small and Claire says she is able to handle them well despite being nervous, together they add up to show that in many workplaces there is still an uneasiness about Transgender individuals.

[transdiscriminationgws101-blog]

Gender Identity and Workplace Discrimination: The Transgender Experience

Dietert & Dentice

The article explains the statistics about discrimination of trans individuals in a very gendered work place. Though the study was performed in the UK it I likely that similar countries such as Canada or the U.S. would have similar numbers. Interestingly, the numbers they explained were quite surprising. Post transition trans males actually reported being paid more than before their transition as well as being treated better by their male co-workers. Post transition trans females however were recorded to have a significant decrease in their salary as well as receiving negative attitudes and comments. One woman said she had people in her workplace call her an embarrassment and refuse to work with her.  

It also describes in detail how our society is very much focused on binary identification. Whether it’s poor or rich, male or female, white or not a person’s identity is limited to two choices. Because of this much of society views that deviating from this binary or even choosing the side of the binary opposite what society chooses for you to be wrong. This refusal to acknowledge identities that lay outside the binary limits and silences the expression of those individuals through discrimination.

A big part of transitioning is pronouns and they are a very important way for some in which they can know that others acknowledge their transition. Not having one’s pronouns used properly can be frustrating, offensive, and quite hurting. That is to say that sometimes people make mistakes but it is their making a big deal out of the mistakes that can be more harmful. And though someone might not be actively trying to discriminate, they refuse to work towards or make an effort to get pronouns right. The recounts of several trans males explain that some upper levels of management are too lazy to make an effort to make sure the employee is addressed using the proper pronouns or they actively deny it and make a point of denying them the right to be called their proper pronouns. Some supervisors also claim after telling employees not to come out as trans that it is simply for their own good, so that other employees are not upset.

I think this article raised some interesting points of gender discrimination that do not often get talked about. When the trans males were treated better after their transition, one might think “That’s not discrimination, its progressive because they are accepting a trans male as male.” However it is because, though it may not be discriminatory against trans individuals it is discriminatory against females as it shows that men are more valued in the work place than women. Referring to an employee by the wrong pronouns, whether intentional or because someone can’t be bothered to learn them, is discriminatory because they are only doing so because the individual is trans and using their proper pronouns is viewed as less important for trans individuals than cis individuals. I like that this article brought up interesting points that I haven’t read about before but I wish they would have included trans women more so that both sides could be analyzed.  

[transdiscriminationgws101-blog]

Transgender Employment Discrimination

Kock & Bales

Disscussion of how transsexuals are not protected under title VII and provides an example of how this affects transsexuals. A woman, after returning from surgery, was discovered to be a transsexual by her employer and then fired. The case argued that sex was not a strict matter of one’s body or parts but also was influenced by psychological factors and one’s sexual identity. The first court to hear the case ruled that she was fired due to her transsexuality and found it to be unlawful under title VII. However, a second court later reversed the ruling and said that it was not protected because title VII does not include sexual identity and that Congress would not include person’s sexual identities different from their gender assigned at birth.

 The courts also have historically combined transsexuals with sexual orientation in the past despite the two being completely separate parts of one’s identity. As such though transsexuals earn a “protected classification” it fails to acknowledge the difference the two groups have and the difference problems they face, namely, definition of sex by the courts. Some have tried to find a way to manipulate the law such as a fire woman who returned to work acting feminine and changing her appearance. She was discriminated against and suspended for disobeying policy. She sued on the ground of sexual stereotyping, that they expected her to act a particular way because of what sex they identified her as and punished her for going against their expectations. The court denied her claim saying that because his real claim was being discriminated against because he was transsexual, she was not protected. This case was later reversed by a separate circuit court that ruled that the woman had argued enough evidence to support a sex stereotype case and that the Supreme Court set the precedent in Price Waterhouse in which they concluded gender discrimination is equivalent to sexual discrimination and therefore gender identity is protected under title VII. Despite this, many courts still do not interpret title VII as such.

 There are still a number of problems though. One is that a trans person arguing for a discrimination must have solid evidence or be able to isolate specific statements made by coworkers or supervisors, the claim has no basis because technically the trans identity is not protected by name under title VII. For example, if an employer or coworker fires, discredits, passes over for a promotion or generally discriminated an individual who has just come out as trans, the trans person must be able to provide a statement or other behavior from these other individuals that would suggest that their sexual identity is the reason for this treatment. Failure to do so means lack of evidence to the court and therefore no case can be made.

 I agree with this article in that one of the biggest issues presented in the cases they mentioned was the definition of sex. Without a solid definition it makes it hard to make consistent rulings or to even grant trans individuals the protection they deserve under the law. I also appreciate that they included several cases in which progress was made in the law in regards to trans peoples which will hopefully become the norm as most of what was argued in the case was directly protected by law under title VII. There was not much I disagreed with in this article in terms of the perspective of the person writing the article but there were mention of events that I strongly disagree with. One major question is; If the Supreme Court set the president about sex, gender and identity, why are not all courts made to uphold these laws? And what as citizens can we do to make sure these laws are followed or remove those who would refuse to follow the laws they seek to enforce?    

[transdiscriminationgws101-blog]

High Rates of Trans Discrimination

https://www.americanprogress.org/issues/lgbt/news/2011/06/02/9872/gay-and-transgender-people-face-high-rates-of-workplace-discrimination-and-harassment/

This article from American Progress, written by Burns and Krehely, brings forth numerous statistics that shows how gay and transgender individuals are discriminated against in the work place. They discuss the importance of congress passing the ENDA act (Employment Non-Discrimination Act) and the importance of them doing so quickly. The numbers they mention demonstrate that laws like this make the economic security of transgender individuals uncertain.

This discrimination can take a number of different forms. Some of the more common or most important types of this discrimination were being denied a job on the basis of the applicant being transgender, being denied a promotion for being transgender, or being fired/removed from their position because of their gender. As much as ninety percent of all transgender workers have encountered some form of harassment or discrimination in one of these or a number of other forms. The article contains a story of a transgender woman who was told that her transition was inappropriate, and unacceptable and then promptly fired.

The article makes clear to the reader that the only effective way to prevent this from happening is by passing legislation to protect transgender individuals. By doing so it protects their economic stability and job security by holding companies and businesses accountable for their mistreatment of transgender employees or potential employees.

I found this article interesting and liked that they used many statistics to put things in perspective. Without a way to really measure or compare it to the reader’s frame of perspective, the information’s weight can lose importance. One thing I slightly disliked about this article was that it uses gay as a blanket term for gays, lesbians and bisexuals. The reason I dislike this is that simply changing a few words to properly name each group is not difficult and by clumping them together it seems to diminish each one’s importance. Lesbians, gays and bisexuals are not all the same. A couple of important question I think is “how can an individual affect the legislature process to help enact these types of acts?” or  “Is there a way a community can hold smaller businesses accountable for discriminating transgender people?” I’m no expert on these topics but boycotting stores known to discriminate and supporting politicians, both local and state level, can be ways to help end the discrimination of transgender people in the workplace.  

[transdiscriminationgws101-blog]

The problem I have identified is the discrimination of transgender and transsexual individuals in the workplace or their place of business. This sort of discrimination adds to oppression based on gender because it alienates people who do not conform to society’s standard of behaving as the gender society assigns you. This issue is important because being able to work in an environment you feel safe is necessary to be able to make a living. Being unable to feel safe or secure in your position because who you are makes it difficult to provide for one’s self. I am interested in this problem because I am transgender and I want people to see this discrimination and realize that it is something that needs to be stopped.